1. THE present revisional application has been filed against Order No. 40 dated 9/7/83 passed by the Learned Munsif, 1st Court at Malda in Miscellaneous Case No. 28 of 1981 arising out of Execution Case No. 8 of 1980.

2. BY the impugned order the Learned Munsif has dismissed the misc. case, under Section 47 of the Code of Civil Procedure. It tranpires from the said order that Smt. Susama Moyee Debi filed an execution case against 13 persons in connection with O. C. Suit No. 12 of 1980. She filed the execution case bearing no. 8 of the 1980 as a legal representative of Prafulla Ch. Sanyal, since deceased, who was a Shebait of the Deity sri Sri Madan Mohan Thakur Deb Jew on 6/5/81. Bidhu Bhusan Chowdhury one of the Judgment-Debtors of the said execution case filed an objection which was registered as Misc. Case No. 28 of 1981. The contention of the petitioner/judgment-debtor is that the O. P. /decree-holder has no locus standi to file the execution case as she is not a Shebait of the Deity. His further contention is that the Opposite Party has no locus standi to become a Shebait after the demise of Pafulla Chandra Sanyal. The management of Debattar Estate and the Debi-Seva ha